Thursday, January 1, 2009

LEGAL DISCLAIMER AND TERMS OF USE

Dylan Drummond, Mani Walia, and Katherine McDaniel (the "ADMINISTRATORS") have set up this blog, http://lawschoolclerkship.blogspot.com/ (the "WEB SITE"), to facilitate communication. Opinions and information published as comments on this WEB SITE reflect the views of the commenter only (the "USER CONTENT"), and do not necessarily reflect the views of ADMINISTRATORS, or any writer associated with ADMINISTRATORS. This post constitutes the ADMINISTRATORS legal disclaimer (the "LEGAL DISCLAIMER")and users' or commenters' terms of use (the "TERMS OF USE"). ADMINISTRATORS may preserve and disclose content submitted by you, the commenter, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such content violates the rights of third parties; or (4) protect the rights, property, or personal safety of ADMINISTRATORS, WEB SITE users, and the public.

You acknowledge that ADMINISTRATORS do not prescreen the content you submit to this WEB SITE, and ADMINISTRATORS shall not be responsible for policing, monitoring, or editing such content. ADMINISTRATORS shall have the right, but not the obligation, to monitor the content you submit to this WEB SITE and your use of this WEB SITE to improve its performance, for legal and regulatory requirements, and to determine compliance with these TERMS OF USE, and other applicable policies of ADMINISTRATORS. ADMINISTRATORS shall have the right in their sole discretion to refuse to post or to remove all or any portion of any USER CONTENT on this Web Site that it believes to be in violation of these TERMS OF USE or which it finds to be otherwise objectionable or unsuitable for inclusion on this WEB SITE for any reason, without any liability to you. It is a violation of these TERMS OF USE for you, when using this WEB SITE, to: (1) use this WEB SITE for illegal purposes in violation of any applicable laws or regulations or in violation of any rules specified on such areas of this WEB SITE; (2) upload, post, e-mail, or distribute any content that you do not have a right to transmit under any law, or under contractual or fiduciary relationships (such as inside information, confidential information learned as part of employment relationships, or under nondisclosure agreements); (3) upload, post, e-mail ,or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) without the express permission of the owner of such right; (4) sell, resell or exploit for commercial purposes, any portion of this Web Site; (5) upload, post, e-mail, or distribute any content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; (6) intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to hide a user’s identity or contact information; upload, post, e-mail, or distribute any content that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (7) send unsolicited commercial messages or communications in any form (spam); or (8) assist or permit any persons in engaging in any of the activities described above.

Each user of this WEB SITE, including you is responsible for: (1) the content that the user transmits to this WEB SITE, and the consequences of its use or submission; (2) ensuring the content that the user transmits and receives through this WEB SITE complies with all applicable laws and regulations (including those relating to export control) and these TERMS OF USE; and (3) ensuring that all content the user transmits to this WEB SITE is accurate, truthful, up-to-date and complete.

NO WARRANTIES

ALL CONTENT ON THIS WEB SITE (INCLUDING ANY COMMENTS CONTAINED HEREIN) IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADMINISTRATOR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. ADMINISTRATOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE (INCLUDING ANY COMMENTS CONTAINED HEREIN) WILL BE UNINTERRUPTED OR ERROR-FREE. LIMITATION OF LIABILITYADMINISTRATOR SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE (INCLUDING ANY COMMENTS CONTAINED HEREIN), EVEN IF ADMINISTRATORHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE OR RELATED INFORMATION. ADMINISTRATOR SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY CONTENT POSTED BY A THIRD PARTY AS A COMMENT CONTAINED IN THIS WEB SITE, INCLUDING ANY CONTENT WHICH MAY BE OFFENSIVE, PROFANE OR OBSCENE. ADMINISTRATOR IS NOT UNDERTAKING TO MONITOR THE CONTENT POSTED TO THE COMMENTS SECTIONS CONTAINED ON THIS WEB SITE. HOWEVER, ADMINISTRATOR RESERVES THE RIGHT TO REMOVE CONTENT THAT IS DEEMED UNACCEPTABLE.EMAIL

You understand that the Internet is public and that e-mail communications between you and ADMINISTRATORS via this WEB SITE are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to ADMINISTRATORS via e-mail.

COPYRIGHT

This WEB SITE is protected by U.S. and international copyright laws. By posting a comment on this WEB SITE, you hereby surrender any copyright and related intellectual property rights to ADMINISTRATORS. All information contained herein, including information submitted by you, the commenter, is hereby published under a Creative Commons Attribution NonCommercial ShareAlike License.